Clifton Country Road Associates v. Vinciguerra

—Crew III, J.

When this matter was last before us (195 AD2d 895), this Court, inter alia, granted plaintiff’s motion for summary judgment seeking specific performance and directed defendant to "execute and deliver a good and sufficient deed conveying [a certain parcel of land] to plaintiff upon tender of the agreed purchase price” (supra, at 898). Defendant thereafter presented plaintiff with a deed, wherein defendant reserved unto himself, his successors and assigns all rights, title and interest in and to a water main located on the property in question. Plaintiff then moved by order to show…